Bill Summary for S 678 (2015-2016)

Summary date: 

Mar 31 2015
S.L. 2015-177

Bill Information:

View NCGA Bill Details2015-2016 Session
Senate Bill 678 (Public) Filed Thursday, March 26, 2015
AN ACT TO AMEND THE DEBT COLLECTOR STATUTES TO MORE NEARLY CONFORM TO THE FEDERAL FAIR DEBT COLLECTION PRACTICES ACT.
Intro. by Gunn, B. Jackson, D. Davis.

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Bill summary

Amends GS 75-50 to define location information.

Amends GS 75-53, which prohibits debt collectors from unreasonably publicizing information about a consumer's debt. Allows communication to third parties with the written permission of the debtor or his attorney (was, written permission given after default). Adds protections for collectors acting in good faith when communicating to the debtor's spouse or parent. Adds requirements to be met by the collector when making a communication for the purpose of obtaining location information about the debtor.

Amends GS 75-54 to provide that failing to disclose that the purpose of the communication is to collect a debt is not a deceptive representation if the communication is solely for the purpose of obtaining location information about the debtor.

Amends GS 75-55, which prohibits collecting a debt by using unconscionable means, to add that the statute does not prohibit the collection of filing fees, service fees, or other court costs. Provides that if a consumer decides to make arrangements to cure any existing default and resume payments, the debt collector is entitled to add the court costs to the balance of the loan.

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